WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK
By checking the box labeled “I agree to the Liability Waiver,” I (referred to as “I” or “me”) agree to participate in a consumer preference test (whether singular or plural, hereinafter referred to as the “Test”) provided by metaMe Health, Inc., a Delaware company with offices located at 222 Merchandise Mart Plaza, Suite 1230, Chicago, IL 60654 (the “Company”). In consideration of being permitted by the Company to participate in the Test and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Liability Waiver”).
I AM AWARE AND UNDERSTAND THAT THE TRIAL INVOLVES TESTING FOR A NEW MEDICAL DEVICE AND TREATMENT REGIMEN THAT IS NOT CURRENTLY APPROVED BY THE FDA OR ANY OTHER GOVERNMENTAL AGENCY, INSIDE OR OUTSIDE OF THE UNITED STATES. I ACKNOWLEDGE AND AGREE THAT THE COMPANY MAKES NO REPRESENTATION THAT THE TEST WILL PROVIDE ME WITH ANY EFFECTIVE MEDICAL TREATMENT, AND THAT PARTICIPATION IN THE TEST MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, OR OTHER DAMAGES. I ACKNOWLEDGE THAT ANY INJURIES OR HARM THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE AND AGREE THAT I AM VOLUNTARILY PARTICIPATING IN THE TEST WITH KNOWLEDGE OF THE RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR DAMAGES ARISING FROM MY PARTICIPATION IN THE TEST, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, advisors, employees, agents, affiliates, investors, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or damages arising out of or attributable to my participation in the Test, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for liabilities that Illinois law or FDA regulation does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Liability Waiver, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Test.
I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Test. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
BY CLICKING THE “I HAVE READ, UNDERSTAND, AND ACCEPT THE WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK” BOX, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND ALL THE TERMS OF THIS LIABILITY WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.